Even so, the presence of someone new, particularly when paraded in front of the spouse and/or children, can enrage the soon-to-be ex, and also create the suspicion that the relationship began as an “affair” before the separation.

The innocent new friend can be deposed by the other side’s lawyer (that is, asked questions that are taken under oath and recorded by a stenographer or even videotaped) and subpoenaed to testify at trial.

There is no distinction between platonic contacts and ones that are romantic or sexual, although from a practical standpoint, the romantic/sexual relationships are the ones that draw scrutiny and cause complications.

The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. Judges, however, rarely punish someone who begins dating – sexually or otherwise – once they have physically separated from their spouse.